WSR 04-07-026

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 04-40 -- Filed March 8, 2004, 4:18 p.m , effective March 10, 2004, 12:01 a.m. ]

Date of Adoption: March 5, 2004.

Purpose: Amend personal use rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900K and 232-28-61900P; and amending WAC 232-28-619.

Statutory Authority for Adoption: RCW 77.12.047.

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

Reasons for this Finding: It was determined to be extremely difficult and potentially unsafe to require anglers in larger vessels to not completely remove salmon and steelhead from the water that were to be released. This change is an interim measure until a longer term solution to releasing fish from larger vessels is reached. There is insufficient time to promulgate permanent rules.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Effective Date of Rule: March 10, 2004, 12:01 a.m.

March 5, 2004

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 232-28-61900P   Exceptions to statewide rules -- Columbia River.   Notwithstanding the provisions of WAC 232-28-619:

(1) Effective 12:01 a.m. April 1, 2004 through May 15, 2004, it is lawful to fish for and possess adipose fin-clipped spring chinook, adipose fin-clipped steelhead, and shad in those waters of the Columbia River from the Buoy 10 line upstream to the I-5 Bridge.

Daily limit:

a) Six chinook, no more than two of which may be adults, and all of which must be adipose fin-clipped. Minimum size 12 inches in length.

b) Two trout minimum size 12 inches in length. Release wild steelhead and wild cutthroat.

(2) Effective March 16, 2004 through May 15, 2004, it is lawful to fish for and possess adipose fin-clipped spring chinook, adipose fin-clipped steelhead, and shad in those waters of the Columbia River from:

a) Those waters of the Columbia River from the I-5 Bridge upstream to 600 feet below the fish ladder at Bonneville Dam.

b) The Bonneville Reservoir upstream from the Tower Island power lines. Waters upstream from the Interstate Bridge (Highway 197) to The Dalles Dam are closed except that bank fishing is permitted up to the downstream navigation lock wall on the Washington shore.

c) The Dalles Reservoir.

d) John Day Reservoir.

Daily limit: 1) Six chinook, no more than two of which may be adults, and all of which must be adipose fin-clipped. Minimum size 12 inches in length.

2) Two trout minimum size 12 inches in length. Release wild steelhead. Release wild cutthroat from the I-5 Bridge upstream to Bonneville Dam.

(3) Effective March 10 through May 15, 2004, in those waters of the Columbia River from the Rocky Point/Tongue Point line upstream, that are open under the above seasons, it is unlawful to totally remove salmon or steelhead from the water if it is unlawful to retain those salmon and steelhead. Anglers fishing from vessels 30 feet or longer, as listed on either their state or Coast Guard registration, are exempt.

[]


REPEALER


The following section of the Washington Administrative Code is repealed effective 12:01 a.m. March 10, 2004:


WAC 232-28-61900K Exceptions to statewide rules -- Columbia River. (04-19)


The following section of the Washington Administrative Code is repealed effective 12:01 a.m. May 16, 2004:


WAC 232-28-61900P Exceptions to statewide rules -- Columbia River.

Legislature Code Reviser 

Register

Washington State Code Reviser's Office